By Abubakar Yunusa
The President of the Nigerian Bar Association, Mr Afam Osigwe (SAN), has dismissed claims that he lobbied for the exclusion of Chief Jibrin Samuel Okutepa (SAN) from the Body of Benchers, describing the allegation as misconceived.
In a statement issued on Monday evening, Osigwe said the association merely exercised its discretion not to recommend Okutepa’s renewal in view of a pending petition before the Legal Practitioners Disciplinary Committee.
He noted that it would be inconsistent for the NBA to recommend an individual for re-appointment to a prestigious body while simultaneously referring the same person for disciplinary scrutiny.
Osigwe stressed that recommendations for renewal were discretionary and could take prevailing circumstances into account.
He said the matter was not about personalities but about upholding professional ethics, particularly in cases involving ex parte orders capable of influencing the association’s electoral process.
According to him, the petition seeks clarification on the extent to which a lawyer may rely on client instructions where material facts are not disclosed, as well as the duty of candour under Rule 24(1) of the Rules of Professional Conduct.
Osigwe maintained that the issues raised were appropriate for determination by the LPDC, which he described as a quasi-judicial body guided by rules, evidence and precedent.
He added that the petition was an institutional step taken in good faith and not a personal attack or political contest.
Responding to allegations of abuse of office, forgery and misconduct levelled against him, Osigwe said the claims were false and intended to create a misleading public narrative.
He explained that the petition was not about Okutepa’s right to accept a brief or challenge the constitution of the Electoral Committee of the NBA, but about whether ethical obligations to the court were observed in the process.
The NBA president said records of the National Executive Committee meeting in Benin showed that the Electoral Committee was duly constituted through a motion that was moved, seconded and adopted.
He added that Okutepa was present at the meeting and participated in the proceedings, including presenting a report shortly after the committee’s ratification.
Osigwe further said a communiqué reflecting the committee’s constitution was widely circulated without objection, while video recordings also captured the deliberations.
He raised concerns that material facts, including the presence of counsel at the meeting, were not disclosed in the ex parte application which led to interim orders affecting the electoral process.
He emphasised that the Rules of Professional Conduct impose a duty on lawyers not to rely solely on client instructions where material facts are withheld.
Osigwe insisted that the LPDC remained the proper forum to determine the allegations, adding that the matter should not be resolved in the court of public opinion.
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